Wednesday, June 24, 2009

Hearing Set On Default In Obama Eligibility Case

A judge in California has scheduled a July 13 hearing in a case challenging Barack Obama's eligibility to be president in which the plaintiffs' attorney, Orly Taitz, says the commander-in-chief is in default. Taitz told reporters if her motion is granted she will immediately request access to Obama's birth records and other documentation that could determine his eligibility to occupy the Oval Office. The announcement came from U.S. District Judge David O. Carter, who said: "Before the court is a motion by plaintiffs for reconsideration of order to show cause or in the alternative to certify question for appeal. Court sets this matter for hearing on July 13, 2009 at 8:30a.m. in Courtroom 9D. Plaintiffs are directed to make every effort possible to ensure that all remaining defendants are aware of the hearing and provide documentation that the individual receiving service is authorized to accept on defendants' behalf." Taitz said she previously had served notice of the action but would pursue a further notification and confirmation. "I have a very clear case," Taitz said. "I think they dropped the ball. They didn't figure out this case filed on Jan. 20th, on the day of inauguration. The case was filed on behalf of former U.S. Ambassador Alan Keyes, also a contestant in the 2008 presidential race in California, and others. Taitz said the case might have been confused with another Keyes vs. Obama case filed in that state's court system, which was thrown out and now is on appeal. "I will be asking for the release of his vital records," she said. "The latest argument by the judge says that I was supposed to serve Obama by a certain Rule-4I. My argument is that it wasn't applicable, as I served him as an individual, on inauguration day, for his action before he became the president. He does not qualify to get governmental representation, meaning he has to pick (up) the tab," she explained. "He defaulted, and in default I can demand production of the documents to show his fitness for the position," she wrote. "The documents that I am requesting are the original (birth certificate), school records, passport records and immigration records." The case, which also includes Wiley S. Drake and Markham Robinson as plaintiffs, names as defendant "Barack H Obama also known as Barack Hussein Obama II also known as Barack H Obama II also known as Barry Obama also known as Barry Soetoro." The service was verified, Taitz wrote in her latest motion to the court, by an affidavit that already is on file with the court. "Plaintiffs have satisfied both the requirements of Rule 4(e)(2)(d) (and) 4(i)(3)," she wrote.

Taitz explained the dispute as being over the way she served notice of the lawsuit. There are different requirements for someone acting as a government official or someone who acted as a government official, but has left office. Neither of those apply, she said. She sued Obama individually for his acts before he took office, specifically his refusal to provide the documentation that would show his eligibility. She said her process server went to the White House to serve the president, and the Secret Service refused her admittance and refused to take the documents. She retreated to her car and called the White House office of legal counsel on her cell phone, and was instructed the proper service would be to deliver the documents to the Justice Department, which she did. "Plaintiffs respectfully submit that this Court's order finding or at least strongly suggesting that 4(e) service is insufficient, and requiring 4(i) service, regarding the subject matter of this lawsuit as against the sole served Defendant Barack H. Obama, is manifestly erroneous and plaintiffs accordingly request that the court reconsider its motion," she argued. "In the alternative, plaintiffs move and request that this court exercise its sound discretion to certify a question for interlocutory appeal." She suggested the case already is in default on the part of the president, and it should so be concluded. "Why have a rule of default, at all, why make a distinction between private and U.S. governmental parties as between 4(e) and 4(i) at all within the federal rules, if the face of a complaint, and the status of the parties at the time of filing, cannot be used to judge compliance with such a rule which might apply in this case to guarantee victory to the plaintiff? "It seems to the plaintiffs unfair and unjust that a judge could merely set aside a party’s default on a whim, for no good legal or equitable reason, based on a change in a party's status, but not the cause of action against him, between filing and service of a suit?" she continued. "Plaintiffs Keyes et al. request this court to amend its order to show cause, especially but not limited to the Friday, June 12, 2009, order extending show cause, and denying as moot plaintiffs' motions for clarification, to permit plaintiffs to pursue an appeal pursuant to section 1292(b)." Taitz was born in the Republic of Moldova which used to be part of the Soviet Union. Recalling her life under a communist regime, she told WND she is determined to do her part to stop America from following in the all-too-familiar footsteps of her former homeland. She confirms she is not willing to let the issue rest on a single case and has filed multiple complaints in an effort to reach her goal. She previously took her complaint directly to the U.S. Supreme Court, and when the justices met privately with the defendant – Obama – but didn't explain their rejection of her dispute, she approached two different justices in public settings, asking them to consider the case. She has likened not only the U.S. judiciary to the old Soviet Union establishment because of its unwillingness to resolve the dispute, but she's accused members of the media of becoming like the Soviet press, because they push for Obama's agenda.